MEREANJI DADABHAI MEHTA Vs. MOHAN MADHAV

JUDGEMENT

(1.) This petition by the original defendants it directed against the judgment and order dated 31st Dec., 1977, passed by the learned Extra Assistant Judge, Satara, in Civil appeal No. 34 of 1977.

(2.) Original suit by the plaintiffs, being Civil Suit No. 81 of 1972. Was filed against the defendants in the Court of the Civil Judge, Junior Division, Wai,for possession of the suit premises under the provisions of the Bombay Rent Act, The trial Court struck nine issues, recorded oral and documentary evidence and on consideration thereof was ultimately, however, pleased by its judgement and order dated 24th Dec., 1976, to dismiss that said suit. The said decision was challenged by the plaintiffs by preferring against the same Civil Appeal No, 34 of 1977 to the District Court, Satara. The learned Extra Assistant Judge, hearing the said appeal set aside the trial Court's judgment and order and remanded the suit with a direction that the same be heard by allowing both the sides to lead additional evidence, if any, in view of the plsintiffs, application exhibit 10 in appeal and to then decide the suit in accordance with law. It is against the appellate order date 31st Dec., 1977 that the present petition has been filed by the original defendants.

(3.) Hearing Mr. S.G. Sheth, the learned Advocate for the petitioners defendants and Mr. W. S Devnant, the learned Advocate for the respondents plaintiffs, and going through the imputgned judgment and order. I find it difficult to uphold the same. Wholesale remand as of the natute directed by the tearned Extra Assistant Judge is, in the facts and curcynstances of the present case and considering the relevant provisions of law, one which cannot be successfully sustained.